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Commonly Asked Questions about Judicial council restraining Order Forms

Does New York have a unified court system?

The New York State Unified Court System has developed a number of ADR programs in the courts at every level for different types of cases throughout the state. Alternative Dispute Resolution represents a variety of processes through which potential litigants may resolve disputes as an alternative to litigation.

How do I lift a restraining order in NY?

Only a judge has the power to lift or end an Order of Protection. If a case is dismissed, any Orders of Protection in that case will immediately come to an end.

How do I get a restraining order in Long Beach CA?

The victim must secure restraining order forms, fill them out, and file them with the court. The court will then set a restraining order hearing. After the hearing, the judge will issue the order if he/she feels the case is valid, and the local law enforcement will serve you with the notice.

How do I vacate an order of protection in NY?

A judge has the authority to vacate, modify, or extend an order of protection as they see fit. Generally, the only times that those are vacated is when charges are dropped. The only time that they are changed is when both the prosecutor and defense attorney make a joint application to a judge to amend it.

Can you appeal an order of protection in NY?

You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the courts grant of an extended protection order.

How do you modify an order of protection in NY?

Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website. Note: If you need to modify your order when the family court is closed, you might be able to do it at the local criminal court.

What is an emergency order to show cause in NY family court?

There is a process for making a motion without giving notice. This type of motion is called an Order to Show Cause. This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

How long does order of protection stay on your record in NY?

A permanent order of protection is not really permanent. It typically is for one year, but sometimes expires after 5 years. If There Is an Order of Protection Against Me, Will I Have a Criminal Record? An order of protection alone will not cause you to have a criminal history.